Infringement by Third Parties definition

Infringement by Third Parties. Each Party will prosecute infringement of its Technology.
Sample 1

Examples of Infringement by Third Parties in a sentence

  • Notwithstanding Section 9.6.1 (Infringement by Third Parties) above, each Party will immediately give notice to the other Party of any notice it receives of certification filed under the Xxxxx-Xxxxxx Act claiming that any of the Licensed Patents is invalid, unenforceable or that any infringement will not arise from the manufacture, use or sale of the POZEN Product by a Third Party.

  • In the event a Party brings an infringement action pursuant to Section 9.6.1 (Infringement by Third Parties), the other Party will cooperate fully, including, if required to bring such action, the furnishing of a power of attorney or to join such action as a necessary party, executing all papers and instruments, or requiring its employees or contractor, to execute such papers and instruments, so as to successfully prosecute any such actions.

  • In the event a Party brings an action in accordance with this Section 9.4 (Infringement by Third Parties), the other Party shall cooperate fully, including, if required to bring such action, the furnishing of a power of attorney or being named as a party to such action.

  • In the event a Party brings an action in accordance with this Section 9.4 (Infringement by Third Parties), the other Party shall reasonably cooperate, including, if required to bring such action, being named as a party to such action; provided, that if a Party is required by Applicable Laws to be named as a party, then the other Party shall bear such Party’s costs in connection with being so named.

  • PROMETHEUS RESPONSIBILITIES F-8 3.1 Distribution Obligations F-8 3.2 Promotional Materials and Promotional Activities F-9 3.3 Use of Trademarks and Trade Dress F-11 3.4 Use of Seller Brands F-11 3.5 Trademark Infringement by Third Parties F-12 3.6 Rebates and Chargebacks F-12 3.7 Medicaid Information F-13 3.8 Product Returns F-13 3.10 Sales Force F-14 IV.

  • Subject to Section 9.5 (Enforcement of Patents and Know-How) and Section 9.6 (Claimed Infringement by Third Parties), the JPC will also discuss any (a) potential Third Party infringement of the Licensed Patents and Product-Specific Patents (including Joint Patents) that might affect the Product and (b) Third Party intellectual property right that the Parties may want to license or challenge.

  • Notwithstanding Section 9.6.1 (Infringement by Third Parties) above, each Party will immediately give notice to the other Party of any notice it receives of certification filed under the Xxxxx-Xxxxxx Act claiming that any of the Licensed Patents is invalid, unenforceable, or that any infringement will not arise from the manufacture, use or sale of the POZEN Product by a Third Party.

  • Notwithstanding the foregoing provisions of this Section 8.3 (Infringement by Third Parties), if either Party or any of their Affiliates receives a copy of a Biosimilar Application naming a Product as a reference product or otherwise becomes aware that such a Biosimilar Application has been filed (such as in an instance described in Section 351(1)(9)(C) of the PHSA), such Party shall promptly notify the other Party.

  • In the event a Party brings an action in accordance with, or needs to enforce its rights under, this Section 8.4 (Infringement by Third Parties), the other Party shall cooperate fully, including, if required to bring such action, the furnishing of a power of attorney or being named as a party to such action.

  • Any counterclaim or other similar action by a Party, to the extent such action involves any enforcement of rights under the Collaboration IP or Adaptimmune Platform IP, will be treated as an enforcement action subject to Section 12.4 (Enforcement Rights for Infringement by Third Parties).

Related to Infringement by Third Parties

  • Infringement has the meaning set forth in Section 6.3(a).

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Misappropriation means that the Employee (i) uses Confidential Information (as defined below) for the benefit of anyone other than the Employers or an Affiliate, as the case may be, or discloses the Confidential Information to anyone not authorized by the Employers or an Affiliate, as the case may be, to receive such information; (ii) upon termination of employment, makes any summaries of, takes any notes with respect to or memorizes any Confidential Information or takes any Confidential Information or reproductions thereof from the facilities of the Employers or an Affiliate or (iii) upon termination of employment or upon the request of the Employers or an Affiliate, fails to return all Confidential Information then in the Employee’s possession. For the avoidance of doubt, “Misappropriation” does not include disclosure of Confidential Information to a governmental regulatory agency, such as the U.S. Securities and Exchange Commission, provided that the Employee informs the agency that the Employers and/or Affiliates deem the information to be confidential. “Confidential Information” shall mean any confidential and proprietary drawings, reports, sales and training manuals, customer lists, computer programs and other material embodying trade secrets or confidential technical, business, or financial information of the Employers or an Affiliate.

  • Third Party Intellectual Property Rights means any Intellectual Property owned by a third party.

  • Third Parties means all lessees, sublessees, licensees and other users of the Properties, excluding those users of the Properties in the ordinary course of the Borrower's business and on a temporary basis.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • Third Party Data has the meaning set forth in Section 9.3(a).

  • Infringement Claim has the meaning set forth in Section 8.2(a).

  • Third Party Material means software, software development tools, methodologies, ideas, methods, processes, concepts and techniques owned by, or licensed to a third party and used by the Service Provider in the performance of the Services;

  • Business Intellectual Property Rights means (a) the Intellectual Property Rights owned or licensed by the Group Companies and (b) any other Intellectual Property Rights owned or licensed by Seller or any of its other Subsidiaries and used solely in the conduct of the Business.

  • Third Party Materials means materials and information, in any form or medium, including any software, documents, data, content, specifications, products, equipment or components of or relating to the Services that are not proprietary to NCIT.

  • infringement notice has the meaning set forth in Section 7.4.1;

  • Unauthorized Third Party means any person or entity that, at the time of the Computer Fraud, is not an Authorized User.

  • Licensee Parties has the meaning ascribed to such term in Section 5.1.

  • Intellectual Property Rights or IPR means copyright, rights related to or affording protection similar to copyright, rights in databases, patents and rights in inventions, semi-conductor topography rights, trade marks, rights in internet domain names and website addresses and other rights in trade or business names, designs, Know-How, trade secrets and other rights in Confidential Information; applications for registration, and the right to apply for registration, for any of the rights listed at (a) that are capable of being registered in any country or jurisdiction; and all other rights having equivalent or similar effect in any country or jurisdiction;

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.

  • Joint Intellectual Property Rights means any work under the Subcontract, which:

  • Third Party Intellectual Property means the Intellectual Property Rights of a third party which Supplier uses or incorporates into the Work.

  • Third Party Rights means the Intellectual Property of any third party;

  • Sublicensees as used herein in either singular or plural shall mean any person or entity other than an AFFILIATED COMPANY to which Company has granted a sublicense under this Agreement.

  • Intellectual Property Rights shall have the meaning ascribed to such term in Section 3.1(p).

  • Third Party IPR means any Intellectual Property Rights not belonging to either party to this Agreement but used by the Supplier in the creation of the Deliverables and/or in the course of or in connection with the Project.

  • Intellectual Property Right means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

  • Third Party Licensor means the relevant licensor of any Third Party Data or any Third Party Trade Xxxx;